Confront/Cross-exam

Name: People v. Iraheta
Case #: B261606
Opinion Date: 08/31/2017
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Hearsay

Summary

Gang expert related case-specific hearsay during testimony in violation of People v. Sanchez, warranting reversal. While driving a car carrying his pregnant girlfriend, defendant shot at another vehicle, killing the driver. Following his retrial for murder and related charges, a…

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Name: S.V. v. Superior Court (Harris)
Case #: G053903
Opinion Date: 07/31/2017
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Delinquency (602), Due Process, Post Disposition

Summary

Juvenile court erred in ordering the release of a redacted portion of a minor's sealed juvenile delinquency file to a defendant in a pending criminal case. A juvenile court dismissed a delinquency petition and sealed the minor S.V.'s records pursuant…

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Name: People v. Smith
Case #: D069445
Opinion Date: 06/09/2017
  • Categories: Accomplice Testimony, Areas Constitutional Law, Confront/Cross-exam, Evidence, General Principles, Hearsay, Jury Instructions

Summary

Murder conviction reversed where trial court erroneously instructed the jury that any testimony from an accomplice requires corroboration before the jury may accept it as true. Smith and Mitchell were convicted of murdering a woman during a burglary. On their…

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Name: People v. Roa
Case #: B264885
Opinion Date: 05/02/2017
  • Categories: Areas Constitutional Law, Civil Commitments, Confront/Cross-exam, SVP

Summary

Reversal of commitment as a sexually violent predator (SVP) required under People v. Sanchez (2016) 63 Cal.4th 665 where court allowed experts to relate inadmissible case-specific hearsay contained in district attorney investigation reports. A jury found that Roa was an…

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Name: People v. Vega-Robles
Case #: A137121
Opinion Date: 03/07/2017
  • Categories: Admitting/Excluding, Areas Constitutional Law, By CALCRIM Number, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation, Hearsay, Jury Instructions

Summary

Gang experts’ testimony did not run afoul of People v. Sanchez (2016) 63 Cal.4th 665 because it was either general non-case-specific background, based on the experts’ personal knowledge, or non-testimonial. Vega-Robles appealed his murder convictions and gang enhancements challenging, among…

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Name: People v. Lara
Case #: C072355
Opinion Date: 03/06/2017
  • Categories: Admitting/Excluding, Areas Constitutional Law, Confront/Cross-exam, Crimes, Elements of Crimes, Evidence

Summary

Murder convictions reversed where circumstantial evidence placing defendants at the scene of the homicide was insufficient to prove the offenses. Lucero was shot and killed shortly after he and fellow gang members (defendants Lara, Flores and Espinoza) burglarized a house…

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Name: People v. Ochoa
Case #: A137763
Opinion Date: 01/13/2017
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation

Summary

Defendant failed to show that gang expert's opinion testimony violated the confrontation clause. A jury convicted Ochoa of a number of offenses, including threatening public officials, and found true gang enhancements. He appealed, arguing that portions of the gang expert's…

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Name: People v. Meraz
Case #: B245657
Opinion Date: 12/21/2016
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation, Hearsay

Summary

Gang expert related case-specific hearsay during testimony in violation of People v. Sanchez but error was harmless beyond a reasonable doubt. After the Court of Appeal affirmed Meraz's gang-related murder conviction, the Supreme Court granted review and transferred the case…

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